- Aug 29, 2016
- 763
People should read Justice Roberts' admonition at the end of the orders (for the 4th circuit voting rights case).
A denial of cert does not mean anything as far as the merits. Might just mean its a procedural nightmare to reach the question.
In other words, past denials is not an indicator of future results.
Roberts and others can say that all they want, but when you have massive resistance to the core holding in Heller/McDonald, and Circuit decision after Circuit decisions made in bad faith and essentially applying rational basis scrutiny to an enumerated right, eventually the denials of cert begin to have meanings of their own.